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Keeping animals as pets is a worldwide phenomenon. The most favored are dogs, with cats coming a close second. But the outlandish taste of individuals is baffling. It can stretch from fish to guinea pigs, ferrets, rodents, reptiles, and predators like cheetahs and lions. Returning from work one day, I caught sight of a brace of red-eared slider turtles (Trachemys scripta elegans) in a fishbowl in my two daughters’ room. I learned my elder teenage daughter, Smriti, had bought them. Aw, what on earth!? Of all the pets, I said to myself. For three years, Smriti and my younger daughter, Preeti, took care of the turtles, and my wife and I didn’t need to bother about them. The siblings handled their pets well. They took care of the feeding, cleaning, and replacing the water. At first, the tiny critters were no bigger than a large coin but, with time, they grew. The fishbowl turned out to be too cramped for the restless wild critters. So, I got a larger tank, and our daughters and their pets seemed happy. After two years, Smriti left Nepal for the US for further studies, leaving the turtles’ care to Preeti. But something went awry, and one of the turtles died. A sad incident for all of us, more so for Preeti. She blamed herself for it. Time heals the worst of wounds and Preeti recovers. The lonely turtle also bounced back to life. Years went by, and we moved into our new house. As the turtle kept growing, the aquarium, too, seemed inadequate. So, I built a miniature pond in our garden. The semiaquatic turtle appeared thrilled as the pond meant it could swim in a larger space, bask in the sun, and wander around our small garden. Everything was great, for a while. But it wasn’t meant to last. After raising the turtle for three years, Preeti, too left for the States. As my wife, Radhika, had to report to work, the responsibility of looking after the turtle fell upon me. Taking care of a turtle is easier said than done. The ordeal began, putting me to a genuine test. Feeding the turtle was no big deal, nor was tank cleaning, as it had an outlet to drain off the sullied water and an inlet to let in a fresh supply. Most reptiles lay eggs, as snakes do. Turtles, cold-blooded reptilians, do the same. I figured my non-mated she-turtle would not spawn. I got it all wrong. Once, I found it rambling around the garden in a frenzy, desperate to find a niche to lay eggs. It laid two unfertilized eggs—they did not hatch. I had no clue that the restlessness reached its peak during the spawning season. It tried more often than not to slip out of our compound at such times. All it needed was an open gate or a gap in the grill to squeeze through or creep past unnoticed when someone entered. Despite all the measures I took, to my great misery, the turtle got lost time and again, and I had to comb the neighborhood looking for it. Once, my doorbell rang; it was a neighbor. He held the turtle in his hands. What he told me next nearly gave me a cardiac arrest. “Bro, your turtle got run over by a car on the road next to my house,” he said. However, it escaped unscathed as the road was dirt, and the car’s weight pushed it down under soft soil that worked as a cushion. Once, I was tending to the turtle’s bleeding lip. It had cut it on a sharp rock in the garden. She bit my finger and would not let go of it, though it was bloodied. This wasn’t an isolated incident, though. It sank its teeth into my finger again another time. The list of my trials and tribulations in caring for my turtle is endless. Today, the turtle is 15 years old. I have cared for it for over a decade. It’s still alive and kicking. The internet tells me a captive-bred red-eared slider can, in many instances, live 50 years. In that case, it still has 35 years to go. My turtle will surely outlive me, as I’m 70 today. [email protected]

At Lagan, the midst of the old city of Kathmandu, sits an old palace that was the ancestral home of the famous Thapa family. The most famous member of this family was Bhimsen Thapa, Nepal’s first prime minister. He remained in office for some 30 years. During his time, Thapa modernized the Nepal Army. He made cantonments, magazines and barracks and drilled the Army into hard military training. To instill pride in the rank and file, he made badges, headdresses and uniforms. In the late 1830s, Bhimsen retired to his country estate. However, in 1839, his enemies lured him back to Kathmandu and imprisoned him. The charges of high treason were laid against him, and to break his spirit, he was informed that his wife was to be dragged naked through the city. The night before this outrage was to occur, Bhimsen hanged himself in his cell. After hearing the news, his wife threw herself from a high window of their palace with a rope around her neck. Even today rope hangs from the very spot in homage to this great statesman. In 1845, Bhimsen Thapa’s nephew became prime minister and initiated a full inquiry, which fully exonerated his late uncle. A great bloodbath followed, eliminating all the original Thapa enemies. Lagan Silkhana was never reoccupied by this family; it became the royal armory. From this particular armory, the Atlanta Cutlery Corp and the International Military Antiques of New Jersey purchased many rare, original weapons. Many such items had not been available for decades. This was truly their great opportunity to add to their British Victorian Weapons in their weaponry history, which also promoted the British Colonial and the US Civil War Collections. Religious significance of modern Khukuri  The British colonial administrators and military staff during World War I and II considered the ritual practices associated with kike or khukuris as superstitious, demonic and pagan. Many senior Kiranti officers would share this experience with us. The British Military Officers regarded such rites as a sign of the culture of backward and simple people of the hills. Many shamanistic rituals with ancient khukuri systems were banned from Gurkha Regimental protocols. But shamanism for Nepalis is something different. Shamans and priests, healers and astrologers are part and parcel of Nepali cultures. This tradition is thought to date back long, and is still practised in Nepal and neighboring countries. Khukuri still is a religiously significant weapon as it is worshiped during Dashain, the most important Hindu festival. It is worshiped at times before any sacrifice is made. Dashain is given importance in the Indian Gurkha and also the British Gurkha regiments. Since weapons are taken as symbols of power in Nepal as well as in the Indian and the British Gurkha regiments, all heavy and small arms are made sacred, and many male goats and buffaloes are sacrificed especially on Mahanawami (the ninth day of Dashain). In Nepal, 54 male goats and 54 male buffalos are sacrificed at the Hanuman Dhoka, Dashain Ghar and Kot as well as 108 male goats and 108 buffalos are sacrificed at the Taleju Bhawani on Kalaratri, the ninth day of Dashain. The British Gurkha Army and the Nepalese Army follow the same rites and rituals during the animal sacrifices given during festivals like Dashain. Their proven expert ceremonially sacrifices a fine male buffalo and goat in each regiment. A gigantic khukuri of over 30 inches length, weighing over five kilograms is used as the scapegoat’s head must be clearly served with one clean blow. Sometimes a khunda is also used. The choice of weapons depends on the sacrificer. When this is achieved, with 100 percent success, it is deeply believed that Goddess Durga Bhawani keeps on showering blessings on the regiment throughout the year. Finally, it is also a custom to honor an expert sacrificer. Usually, the commanding officer and Gurkha Major offer some cash reward to him. This honor is much valued among the Gurkhas. This practice has ceased in the British Gurkha Army since 1973 but not in the Pokhara Camp where a male buffalo and a male goat are ceremonially sacrificed in the name of the present Royal Gurkha Rifles (RGR). My personal experience is that Dashain has always remained a favorite festival among the Gurkhas and their officers. My Maj Gen CH Boucher, CB, CBE, DSO would wish Dashain greetings in this manner: “I wish all ‘Gurkha Officers’ and ‘Gurkha Other Ranks’ that this Dashera be joyful, prosperous and good from the bottom of my heart. Unfortunately, due to the full job of dominating ‘Communist Bandits’ you did not receive a full 10 days leave. However, all of you may get up to seven days leave. Although you are far from your homeland, I hope you will celebrate the festival happily.” For Malaysia-based Gurkhas, 2,000 gallons of duty-free rum used to be available tax free on the occasion of the big festival of Dashain. Testimonials issued by the Prime Minister and Supreme Commander in Chief of Nepal in 1947 state that the religious significance of khukuri must not be forgotten. In 1948, Maharaja Padma Shamsher JBR, the prime minister and Supreme Commander of Nepal, wrote: “The Khukuri is the national as well as the religious weapon of the Gurkhas. It is incumbent on a Gurkha to carry it while awake and to place it under the pillow when retiring. As a religious weapon, it is worshiped during Dashain (the most important Hindu festival) and at other times whenever any sacrifice is to be made.” Excerpts (edited) from the book titled Khukuri: Kike, History and the Gurkhas (188 pages) to be published by Adroit Publishers, New Delhi, in association with Vajra Books, Kathmandu. The tentative date of publication is Jan 2023

Arbitration and mediation as a legal means of dispute resolution was in practice in Nepal much before the country welcomed democracy and a codified judicial system. During the Panchayat era, for example, the Panchayat was an informal tribunal of five gentlemen chosen from among the electorate of a village to settle disputes between local people and deliver justice. However, it was subordinate to the court of law. In the Licchavi period, the Panchali, also called Pancha Sabha, had the power to issue judgments on local disputes. The concept of arbitration in its modern sense was first found in government contracts. Currently, we have a plethora of laws promoting amicable settlement of disputes. Cases of civil nature can be mediated at any stage even if they have entered the court of law. Mediation can happen before evidence collection, after evidence collection or even during the implementation of judgements. If the Bench has reasons to believe that the dispute can be resolved through mediation, the judge can pass an order, directing the parties to sit for mediation before the mediation center of the concerned District Court or the High Court. Court procedure The Mediation Act, 2068 BS (2011) and its rules framed in 2070 BS (2013) provide for the procedure of mediation to settle a dispute in a speedy and simple manner. Section 3 of this Act provisions that if parties intend to settle a case pending in the court through mediation, the adjudicating authority may pass an order to refer it to a mediation center for reaching a compromise. After passing the order, the court officials engaged in providing dates of appearances to the parties would request the parties to appear before the mediation center on a specified date. Then, the parties themselves, not their legal representatives, would (in person) have to appear before the center on a specified date to participate in a discussion for reaching a negotiated settlement. Before entering the mediation process, the parties must choose a mediator from a roster of mediators maintained at the District Court. After the selection of a mediator, the mediation process formally begins. Discussions can happen in phases—up to three phases. In case of failure on the part of the mediator to facilitate a unanimous decision despite rounds of talks between the parties, the center must furnish a report announcing the termination of the mediation process. Afterwards, the court itself should hear the case under normal proceedings. The District Court Regulations, 2075 empowers the District Court Registrar to maintain a roster of mediators. Any individual from the legal fraternity, teaching, social service or other sector may be enlisted as a mediator, provided that the person has received training on mediation and has not been convicted under offenses involving moral turpitude. Rule 52 of the regulations has given the judges the authority to initiate a case for mediation by passing an order to that effect. In order to resolve disputes through mediation, judges may give the parties concerned up to three months of cooling period for reaching an amicable settlement. Rule 53 of the regulations prescribes that the Registrar of the District Court should facilitate the selection of the mediator on the basis of consensus among the parties, whereas Rule 57 prescribes procedures for mediation. If a party or parties fail to appear before the mediation center on a stipulated date, and the mediation process cannot proceed as a result, officials of the center should furnish a report to the court, stating that the mediation could not proceed. However, if the parties reach an amicable settlement, the mediator should prepare a compromise document by duly stating the details of adjustment. Later, the compromise document is presented before the bench and the presiding judge approves the document through consent of the disputants in writing along with their signatures. This document is also a form of court verdict, which is duly archived in court case file. Both High Court and Supreme Court Regulations recognise mediation as an agreeable means for dispute resolution and the arrangements are at par with District Court Regulations. Mediation under major laws   The National Civil Code, 2017, a general substantive law in Nepal, has provisions for mediation in civil matters. Take divorce, for example. Section 97 of the Code, 2017 provides that if a husband or wife has filed a petition for divorce in district court, the court must pass an order, directing the parties to sit for mediation. If the court fails to make conciliation between husband and wife through counseling, it must issue a divorce order within a year of the petition. There can be a compromise deed for divorce, of course. Under Section 193, the Civil Procedure Code stipulates that if a case is sub-judice and the parties wish to reach a compromise at any stage, they may make a joint petition, mentioning the bases for the resolution of the case. Section 194 clarifies that disputes may be settled through mediation. However, there are cases that cannot be mediated. Per Section 195, there can be no mediation in cases that have the government of Nepal as a plaintiff. It states that cases related to public, government or community property shall not be settled through compromise or mediation. However, for protecting the property of the government, mediation can be undertaken. Cases like dishonor of cheque, forgery, criminal trespass and looting mentioned under Schedule 4 of National Criminal Procedure Code, 2017 can be mediated. In addition to this, cases of cheating (which is a matter of Schedule-1 of the National Criminal Procedure Code) instituted by an individual can be mediated. But cases related to looting or misappropriation of government property cannot be mediated. In cases concerning misappropriation of state properties, the government should initiate legal action. Cases of contempt of court and public interest litigations cannot be resolved through mediation. Mediation saves money     Most importantly, the laws in Nepal provide financial benefits to the litigants if they manage to settle disputes on their own. If the parties reach a compromise before a court of law passes orders for evidence collection, then the disputants can get away by bearing only 25 percent of court fees. But if compromise is reached after evidence collection, the parties have to foot 50 percent of the fees. So, dispute settlement through compromise is a better option financially as well. Gray areas Mediators from law, social service or teaching background can help settle disputes. Still, the law is silent on the expertise of mediators, allowing the latter to mediate in civil as well as criminal matters without taking their areas of expertise and interest into consideration. There is a practice of maintaining a single roster of mediators instead of keeping separate rosters of mediators for civil, matrimonial matters, or criminal cases. Mediation will be more effective if mediators choose specific areas of specialization and limit themselves to those areas. In the state’s interest Yet, Nepal’s law appears to be progressive for a number of reasons. Firstly, the laws intend to promote amicable settlements through compromise. Second, it gives a strong and clear message that dispute resolution through compromise is better than the disposal of cases through court proceedings. Moreover, the deed of compromise is cost-effective, speedy and agreement ad idem. Also, alternate dispute resolution mechanism is in the interest of the state as it helps to end litigations (Interest rei publicae ui sit finis litium). It's high time to promote mediation, instead of recourse to court cases. The governments—federal, provincial and local bodies—need to invest in promoting mediation mechanisms. Such type of intervention is more needed in Madhesh as courts there are flooded with litigations. The author is a Judicial Officer at Dhanusha District Court, [email protected]